GENERAL TERMS AND CONDITIONS OF MV INCASSO

Version: 01-03-2026
Effective date: 1 March 2026
Chamber of Commerce (KvK) number: 78336562

Version History and Archiving

These General Terms and Conditions apply exclusively to the services and agreements of MV Incasso.

The previous version of the General Terms and Conditions, applicable from 1 January 2020 up to and including 28 February 2026, was closed and archived as of 28 February 2026.

The archived terms remain applicable to agreements for which they were validly agreed at the time, unless the parties lawfully agree otherwise.

This version applies to assignments and agreements entered into from 1 March 2026, provided that these terms were validly incorporated into the agreement and made available when the agreement was concluded.

Article 1 – Definitions

1.1. MV Incasso: the debt collection services provided under the name MV Incasso and Chamber of Commerce registration number 78336562.

1.2. Client: any natural person or legal entity entering into an agreement with MV Incasso or assigning work to MV Incasso.

1.3. Debtor: any natural person or legal entity from whom the Client seeks payment of a claim.

1.4. Debt Collection Assignment: an assignment involving the extrajudicial collection, administration or handling of one or more claims.

1.5. Claim: the amount specified by the Client as payable by the Debtor, potentially increased by legally recoverable interest and costs.

1.6. In Writing: communication by letter, email or another durable electronic means of communication that allows the content to be recorded.

Article 2 – Applicability

2.1. These General Terms and Conditions apply exclusively to offers, quotations, agreements, debt collection assignments and related activities of MV Incasso.

2.2. These terms also apply to additional assignments and subsequent activities insofar as they lawfully fall within the scope of the agreement.

2.3. The Client's general terms and conditions shall not apply unless MV Incasso has expressly accepted them in writing in advance.

2.4. Deviations from these terms are valid only if agreed in writing.

2.5. Where a separate agreement contains provisions that differ from these terms, the separate agreement shall prevail insofar as those provisions are legally valid.

2.6. Amendments to these terms shall not automatically apply to agreements concluded previously.

Article 3 – Obligations of MV Incasso

3.1. MV Incasso shall perform accepted assignments carefully, professionally and in accordance with applicable laws and regulations.

3.2. MV Incasso shall represent the legitimate interests of the Client while respecting the rights and legitimate interests of the Debtor.

3.3. MV Incasso undertakes an obligation of reasonable professional effort and not an obligation to achieve a specific result.

3.4. MV Incasso does not guarantee the recovery of all or any part of a claim.

3.5. MV Incasso shall inform the Client of material developments in the case and any necessary subsequent steps.

3.6. MV Incasso shall perform only those activities for which it is authorised and shall engage appropriately authorised third parties where necessary.

Article 4 – Obligations of the Client

4.1. The Client warrants the accuracy, completeness, legal validity and enforceability of the claim submitted for collection.

4.2. The Client shall promptly provide all relevant documents and information, including invoices, agreements, payment reminders, correspondence and payment records.

4.3. The Client shall immediately notify MV Incasso in writing of:

• Full or partial payments made by the Debtor.

• Credit notes and set-offs.

• Payment arrangements made directly with the Debtor.

• Settlements and counterclaims.

• Disputes concerning the claim.

• Any other circumstances affecting the amount or recoverability of the claim.

4.4. The Client shall provide all cooperation reasonably necessary for the proper performance of the assignment.

4.5. If the Client fails to provide required information or documents, or provides them late, MV Incasso may suspend performance of the assignment insofar as this is reasonable and lawful.

4.6. Reasonable and documented additional costs directly resulting from an attributable breach of the Client's obligations may be charged to the Client.

Article 5 – Special Provisions and Deviations

5.1. Deviations from these terms shall apply only if agreed in writing.

5.2. A deviation shall apply exclusively to the agreement to which it relates.

5.3. Failure by MV Incasso to exercise a right, or to exercise it immediately, shall not constitute a waiver of that right.

Article 6 – Debt Collection Assignments and Services

6.1. MV Incasso may accept a proposed assignment or refuse it on reasonable grounds.

6.2. At the commencement of the assignment, the Client shall provide all information necessary to assess and handle the claim.

6.3. Within the scope of the agreed assignment, MV Incasso is authorised to perform extrajudicial debt collection activities, including:

• Sending payment reminders and formal demands for payment.

• Contacting Debtors in writing and by telephone.

• Conducting correspondence and negotiations.

• Assessing payment proposals.

• Preparing payment arrangements.

• Administratively managing debt collection files.

• Advising on possible subsequent steps.

6.4. MV Incasso may enter into payment arrangements within the limits of a separately granted written authorisation.

A final settlement involving the waiver of a substantial part of the claim requires the Client's prior consent unless expressly agreed otherwise.

6.5. If the Client withdraws the assignment, transfers the claim, reaches a settlement without involving MV Incasso or prevents further handling of the case, the Client remains liable for validly agreed remuneration for work performed and reasonable costs incurred.

Remuneration calculated as though the entire claim had been recovered shall be payable only where a separate, valid and applicable agreement provides for such remuneration.

6.6. MV Incasso may perform extrajudicial acts on behalf of the Client within the scope of the assignment and authorisation granted.

Where judicial acts require a separate power of attorney, an advocate or a judicial bailiff, the necessary authorisations and arrangements shall be documented separately.

6.7. The assignment is limited to debt collection and directly related legal, advisory and administrative activities.

Financial, tax, insurance and other specialised advice is excluded unless separately and lawfully agreed.

6.8. Activities falling outside standard extrajudicial debt collection shall be charged separately at an hourly rate of €75.00 excluding VAT, unless a different rate has been agreed in writing.

Such activities include, among others:

• Extensive legal examination of case documents.

• Additional negotiations and legal advice.

• Preparing and drafting procedural documents, insofar as legally permitted.

• Supporting judicial proceedings.

• Preparing court hearings and witness examinations.

• Reviewing court judgments.

• Additional correspondence and file-related work outside standard debt collection.

6.9. MV Incasso may request a reasonable advance payment for additional activities.

In the event of late payment, MV Incasso may suspend activities not yet performed, insofar as legally permitted and with due consideration for relevant deadlines and the legitimate interests of the Client.

6.10. If a claim proves uncollectible, validly agreed costs and remuneration shall remain payable.

A minimum administrative fee of €35.00 applies to the handling of an uncollectible case, provided that this fee was validly agreed in advance.

6.11. Before proposing judicial measures, MV Incasso shall assess which extrajudicial steps and legally required payment demands are necessary.

6.12. Judicial measures shall be initiated only after consultation with and authorisation from the Client, unless specific authorisation has already been granted.

6.13. The following commission rates apply to standard extrajudicial debt collection services, calculated on the principal and interest actually recovered:

• On the first €5,000.00: 15%.

• On the portion exceeding €5,000.00: 10%.

• Minimum commission: €35.00.

VAT shall be added where legally applicable.

This commission constitutes the contractual remuneration payable by the Client to MV Incasso and is not automatically equivalent to the debt collection costs legally recoverable from the Debtor.

6.14. Monitoring limitation periods and taking measures to interrupt limitation periods shall form part of the assignment only where expressly agreed in writing.

If MV Incasso identifies a specific imminent limitation risk during the handling of a case, it shall inform the Client insofar as reasonably possible.

Article 7 – Payments and Invoicing

7.1. Additional activities shall be invoiced separately in accordance with Article 6.8 or a written fee agreement.

7.2. External costs, including judicial bailiff fees, court fees, advocate fees, translation costs, official extracts and other necessary third-party expenses, shall be charged separately where a valid legal or contractual basis exists.

7.3. Invoices must be paid within fourteen days of the invoice date unless a different payment period has been agreed in writing.

7.4. Objections to invoices should be submitted in writing, with reasons, as soon as reasonably possible. Every objection shall be carefully examined. The Client's statutory rights remain unaffected.

7.5. In the event of late payment, the applicable statutory provisions concerning default, interest and debt collection costs shall apply.

7.6. Where the Client is a consumer, debt collection costs shall be charged only in accordance with statutory requirements, including the applicable rules on payment reminders and notices.

7.7. Payments must be made to the bank account designated by MV Incasso, quoting the relevant invoice or case reference number.

Article 8 – Engagement of Third Parties

8.1. MV Incasso may engage third parties where necessary or appropriate for the performance of an assignment.

8.2. Activities legally reserved for an advocate, judicial bailiff or another authorised professional shall be performed exclusively by appropriately authorised persons.

8.3. The Client shall be informed in advance of the need to engage third parties and of the reasonably foreseeable costs, insofar as these can be determined in advance.

8.4. Third-party costs shall be charged separately to the Client in accordance with applicable rates and agreed arrangements.

8.5. If the Client refuses necessary cooperation, MV Incasso may suspend the relevant activities or terminate the assignment on reasonable grounds.

Article 9 – Liability

9.1. MV Incasso performs its activities on the basis of an obligation to exercise reasonable professional care and effort.

9.2. MV Incasso does not guarantee successful collection, the Debtor's willingness to pay or the availability of assets against which enforcement may be pursued.

9.3. MV Incasso shall not be liable for damage arising exclusively from incorrect, incomplete or misleading information supplied by the Client, insofar as such damage is not also attributable to a breach by MV Incasso.

9.4. MV Incasso shall be liable for attributable failures in the performance of its obligations in accordance with applicable statutory provisions.

9.5. Any limitation of liability shall apply only insofar as permitted by law.

9.6. Liability for damage resulting from intentional misconduct or deliberate recklessness cannot be excluded in advance.

9.7. The Client shall indemnify MV Incasso against third-party claims arising directly from unlawful or incorrect claims submitted by the Client, insofar as such claims were not caused by culpable conduct on the part of MV Incasso.

Article 10 – Force Majeure

10.1. Force majeure means circumstances not attributable to MV Incasso that temporarily or permanently prevent the performance of the agreement.

10.2. Such circumstances may include war, serious technical failures, fire, government measures and other events beyond MV Incasso's reasonable control.

10.3. MV Incasso shall inform the Client as soon as reasonably possible of circumstances materially affecting performance of the agreement.

10.4. The parties shall take reasonable measures to limit the consequences of force majeure.

10.5. If force majeure continues for an extended period, the parties may terminate the agreement in accordance with applicable statutory provisions.

Article 11 – Settlement of Accounts and Funds Received

11.1. MV Incasso shall provide the Client with a statement of payments received, commission due, agreed costs and any set-offs.

11.2. Funds received on behalf of the Client shall be carefully recorded separately for each case and transferred in accordance with applicable legal requirements and valid agreements.

11.3. Set-off of amounts due against funds received shall take place only where a valid legal basis exists and the applicable rules governing the management of third-party funds permit it.

11.4. In the event of late payment of invoices, MV Incasso may charge statutory interest and legally permitted debt collection costs.

11.5. Additional contractual fees or penalties shall be payable only where validly agreed and not contrary to mandatory law.

11.6. Upon closure of a case, MV Incasso shall provide a final statement of account where payments or financial settlements have taken place.

Article 12 – Duration and Termination

12.1. The agreement shall be entered into for an indefinite period unless otherwise agreed in writing.

12.2. For continuing agreements, a written notice period of one month shall generally apply, insofar as permitted by the nature of the agreement and applicable statutory provisions.

12.3. MV Incasso may suspend or terminate an assignment on reasonable grounds if the Client fails to fulfil contractual obligations, provides incorrect information or prevents performance of the assignment.

12.4. Termination shall not affect payment obligations that have already arisen and are legally due.

12.5. Following termination, ongoing cases shall be settled and closed with due care, taking into account relevant deadlines, funds received and the return of documents.

Article 13 – Governing Law and Competent Court

13.1. The legal relationship between MV Incasso and the Client shall be governed by Dutch law, subject to any mandatory legal provisions requiring otherwise.

13.2. Disputes shall be submitted to the competent Dutch court in accordance with applicable law.

13.3. Insofar as a valid choice of jurisdiction is legally permitted, business parties designate the competent court of the District Court of Rotterdam (Rechtbank Rotterdam).

Article 14 – Final Provisions

14.1. These General Terms and Conditions bear the version date of 1 March 2026.

14.2. The previous General Terms and Conditions, applicable from 1 January 2020 up to and including 28 February 2026, were closed and archived as of 28 February 2026.

14.3. Agreements concluded earlier shall remain subject to the terms validly agreed at the time, unless the parties lawfully agree otherwise.

14.4. If any provision is wholly or partially invalid or voidable, the remaining provisions shall remain effective insofar as legally possible.

14.5. MV Incasso maintains a complaints procedure and handles complaints in accordance with applicable statutory requirements.

14.6. MV Incasso processes personal data only for legitimate purposes and in accordance with the General Data Protection Regulation (GDPR/AVG) and other applicable privacy legislation.

14.7. These terms shall be made available electronically and may be provided upon request.

MV INCASSO

Debt Collection Services

Chamber of Commerce (KvK): 78336562
VAT identification number: NL861353468B01

Office address:

Oranjeplein 30
2676 XP Maasdijk
The Netherlands

Additional address:

Honderdland 213
2676 LV Maasdijk
The Netherlands

Telephone: +31 174 284 408
WhatsApp: +31 6 1511 2272
Email: info@mv-incasso.nl
Website: www.mv-incasso.nl

Document: General Terms and Conditions of MV Incasso
Version: 01-03-2026

Language and Interpretation

This document is an English translation of the Dutch “Algemene Voorwaarden MV Incasso”.

In the event of discrepancies in interpretation between the English and Dutch versions, the Dutch version shall prevail, subject to mandatory provisions of applicable law.